this/o~ay of >

SCHEDULE "A" TO BY-LAW NO. 2012-153 -AGREEMENT-

made in quadruplicate, this/O~ay of ><(rmbe,;, 2012

BETWEEN

THE CORPORATION OF THE CITY OF OWEN SOUND Hereinafter called the "EMPLOYER"

OF THE FIRST PART

-AND THE OWEN SOUND PROFESSIONAL FIRE FIGHTERS'

ASSOCIATION LOCAL 531 Hereinafter called the "ASSOCIATION"

OF THE SECOND PART

WHEREAS the parties hereto have agreed to enter into these presents for the purpose of defining, determining and providing for working conditions and remuneration, in the Owen Sound Fire and Emergency Services Department.

NOW THEREFORE THE PARTIES HEREBY AGREE AS FOLLOWS:

ARTICLE I RECOGNITION

1.01 The employer recognizes the Association as the exclusive bargaining agent for all permanent employees of the Owen Sound Fire and Emergency Services Department with the exception of the Chief, Deputy Fire Chief and Administrative Assistant and the provisions of this Agreement shall be applicable to all such employees. ·

1.02 All employees of the Owen Sound Fire and Emergency Services Department who are now members of the said Association Local 531 shall remain members of the said Association in good standing as a condition of continued employment and all new employees of the said Fire and Emergency Services Department shall become members of the said Association within thirty days from the completion of their probationary period and shall continue their membership in good standing in the said Association as a condition of continued employment.

1.03 A new employee shall be placed on probation for a period of Twelve (12) calendar months from the date upon which he is hired, during which time he shall not be subject to the terms of this Agreement, except with respect to Articles IV, VI, VII, V 111, IX, X, XIV, XVII, XVIII and XX.

OSPFFA CONTRACT- 2009/2010/2011 Page I

ARTICLE II MANAGEMENT RIGHTS

2.01 The parties hereto acknowledge that it is the exclusive right of the Employer, subject to and in accordance with the terms of this Agreement, and the Fire Protection and Prevention Act and not inconsistent therewith to:

I. Maintain order, discipline and efficiency;

2. hire, direct, classify, transfer and promote, discharge, suspend or otherwise discipline employees for just and proper cause;

3. generally to operate and manage the undertakings of the Department and without restricting the generality of the foregoing, to select, install and require the operation of any equipment, plant and machinery necessary for the efficient and economical carrying out of the operations and undertakings of the Department.

ARTICLE III DISCRIMINATION AND COERCION

3.01 Discrimination, intimidation or harassment shall not be exercised or practiced with respect to or by any employee of the City by reason of race, creed, colour, national origin, political or religious affiliation, sex, sexual orientation, age, marital status, family relationship, handicap or by virtue of his holding office in the Association or being a member at large of Local 531.

3.02 Provisions of this Agreement shall apply to all employees without discrimination.

3.03 Where the masculine pronoun is used in this Agreement, it shall mean and include the feminine pronoun where the context so requires, and vice versa.

ARTICLE IV HOURS OF WORK

4.01 All employees assigned to Fire Fighting shall be required to work a forty-two ( 42) hour work week. Those employees while assigned to Fire Prevention and Training Division shall work Monday to Friday 8:00am to 4:30pm having one hour for lunch (37.5) hours per week. Any fluctuation to this schedule will be mutually agreed upon between the parties involved. Any time worked over and above 37.5 hours per week will be deemed as overtime and paid at time and one half or taken off as lieu time in accordance with 4: I 0 below.

4.02 Employees shall work according to the two platoon system, the hours of work of which shall be for one platoon in day time ten (10) consecutive hours on duty followed immediately by fourteen (14) consecutive hours off duty and for the other platoon in night time fourteen (14) consecutive hours on duty followed immediately by ten (I 0) consecutive hours off duty. The platoons shall alternate

OSPFFA CONTRACT- 2009/2010/2011 Page2

every seven (7) days and on the seventh day the platoon on day duty shall work a continuous twenty-four (24) hour shift.

4.03 The Working Schedule for the 42 hour week shall be as set out in Appendix "A" which is attached hereto and forms part of this Agreement.

4.04 In the event of a recall, the full-time Fire Fighter will be paid a minimum of three (3) hours at the rate of time and one half (I 1/2) per hour at his present salary on all such recalls re the Fire Protection and Prevention Act.

4.05 When a full-time Fire Fighter is required to work beyond his normal work day or work week, except in case of recall, he shall be paid at the rate of time and one half (1 112) per hour at his present salary for each hour of overtime worked.

4.06 If, as a member of the duty shift, the Fire Fighter is engaged in answering a call and stays beyond his working shift, this will be deemed as overtime. Overtime pay shall be determined in such manner that the first hour of overtime worked shall be paid at straight time and subsequent hours shall be paid at the overtime rate of time and one half(ll/2) per hour to the nearest quarter hour

4.07 In the event that a transfer from one platoon to another is deemed necessary by the Fire Chief, twenty four (24) hours notice shall be given to the employee involved.

4.08 When a member of the Owen Sound Fire & Emergency Services is requested to attend fire department business, namely Officer and joint committee meetings save and except Joint Health and Safety Committee meetings, which is over and above his/her regular scheduled work hours; the individual will be paid at the straight time rate of pay, on an hour for hour basis.

4.09 When a transfer from one platoon to another results in the individual working 24 hour Sundays back to back, the individual will be given a 24 hour Sunday or equivalent off at a future date, mutually agreed upon between the individual and the Chief.

4.10 All members shall be paid for all authorized overtime hours worked in excess of their regular shift as outlined in this section. Day personnel shall have the option of receiving payment or time off in lieu of overtime accumulated.

4.11 Overtime Distribution The Corporation will endeavor to distribute authorized non-emergency overtime work as evenly as possible for Fire Fighters and Officers. "An opportunity refused by the member will be considered an opportunity lost". In the event of sickness or injury, call-back shall be done by the Captain or Acting Captain on-duty. All members with the exception of those on duty will be considered with the employee having the lowest number of non-emergency hours being called first. The distribution will include all employees in the Suppression Division and the employee


will be paid at the classification he is called in to perform. A Captain will be paid at least at the I" Class Fire Fighter rate and all others will receive their current rate.

However, this provision shall not be applicable in cases of emergency as defined by the Fire Protection and Prevention Act, 1997.

4.12 On the 24 hour Sunday, if a Member is on sick leave, it will be considered two sick days ( 10 hour day shift and 14 hour night shift).

4.13 Overtime will be paid bi-weekly as submitted with the regular pay.

4.14 The Chief may grant the request of any two Fire Fighters to change their shifts or days off. Shift changes will be 10, 14 hours. No partial shift changes will be permitted.

VACATION ARTICLEV

5.01 "Continuous Service" for vacation entitlement shall mean continuous service with the Owen Sound Fire and Emergency Services Department.

5.02 Employees who have completed less than one year of continuous service prior to the 1st day of July in the current year shall be entitled to vacation pay amounting to four per cent (4%) of eammgs.

5.03 Employees who have completed one (1) year of continuous service prior to the 1st day of July in the current year shall receive fifteen (15) consecutive calendar days vacation, which shall be composed of two normal five-day working shifts plus the normal "time-off" period between those two shifts. (i.e. two normal work weeks)

5.04 Employees who have completed five (5) years of continuous service prior to the 1st day ofJuly in the current year shall receive the annual vacation described in Article 5.03, plus one five-day working shift. (i.e. three normal work weeks).

5.05 Employees who have completed ten (1 0) years of continuous service prior to the 1st day of July in the current year shall receive the annual vacation described in Article 5.03 , plus two normal fiveday working shifts. (i.e. four normal work weeks).

5.06 Employees who have completed seventeen (17) years of continuous service prior to the 1st day of July in the current year shall receive the annual vacation described in Article 5.03 plus three normal five-day working shifts (i.e., five normal work weeks).

5.07 Employees who have completed twenty five (25) years of continuous service prior to the first day of July in the current year shall receive the annual vacation described in Article 5.03 plus four normal five day working shifts (i.e. in total, six normal work weeks).

OSPFFA CONTRACT- 2009/2010/2011

5.08 The Platoon list and vacation schedule for the upcoming year will be posted after receiving the course registration from the Ontario Fire College (or no later than November 151h) and the time when each employee shall be granted his vacation shall be in accordance with the present working schedule, attached as Appendix "A" to this Agreement, and as may be agreed upon by the Fire Chief and the Association.

5.09 No employee shall lose vacation time that has been earned up to date of accident or occupational illness incurred in the performance of duty. In addition, the employer will permit vacation time to continue to accumulate during the first twelve month period the employee is in receipt of Workers' Compensation Board Temporary Compensation. Thereafter, the absent employee is not entitled to accumulate vacation time. Provided the return to work is within two years of date of initial injury/illness, the employee will be entitled to the accrued vacation in the form of time off with pay.

Under no circumstances will the employee be entitled to a payout for accrued vacation. Vacation entitlement shall be prorated to account for part of a year.

ARTICLE VI STATUTORY HOLIDAYS

6.01 Fire Suppression

In lieu of Statutory Holidays, each employee within Fire Suppression shall be entitled to twelve (12) working days holidays with pay each year at such time as may be agreed upon by the Fire Chief and the Association. In order to accrue a lieu day the employee must be employed with the Owen Sound Fire and Emergency Services Department on each of the undernoted days and not be on leave of absence without pay or in receipt of income from another source (i.e. LTD, UIC).

Lieu days may accrue during the first 12 months of WCB temporary compensation or while on 17 weeks of Short Term Disability in the event of non-occupational related absences, and upon return to work the employee will be entitled to the accrued days in the form of time off with pay provided the return to work is within two years of date of initial injury/illness. Under no circumstances will the employee be entitled to a payout of accrued lieu days.

Fire Prevention Division and Training Division

The following holidays are recognized by the Employer as Statutory Holidays and each employee within Fire Prevention Division and Training Division shall be granted these twelve (12) Statutory Holidays with pay each year provided the employee is employed with the Owen Sound Fire and Emergency Services Department on each of the under noted days and not be on leave of absence without pay or in receipt of income from another source (i.e. LTD, UIC, WCB).

New Year's Day Easter Monday Boxing Day


Dominion Day Civic Holiday Labour Day

ARTICLE VII PENSIONS

Thanksgiving Day Remembrance Day Victoria Day

Good Friday Christmas Day Family Day

7.01 Each employee shall be entitled to the benefits and privileges of the Ontario Municipal Employees Retirement System Basic Plan.

7.02 The retirement date for all employees shall be not later than the end of the month in which they reach age 60.

ARTICLE VIII ACCIDENT AND SICKNESS

8.01 Job Related injuries/illness will continue to be covered under the Workplace Safety and Insurance Act (WSIA) and claims will be made in the usual mauner as per WSIB Policy. When an Employee is compelled to be off duty by reason of accident or illness incurred in the course of employment, the Employer agrees to pay full net salary and benefits during such time they are eligible for WSIB Benefits, (to a maximum of 52 weeks of earnings) in total with respect to any one accident or periods of absence. Loss of Earnings beyond such amount shall not be subject to top-up and any further Loss of Earnings shall be advanced by the employer as per the amount established under the WSIA.

Loss of Earnings not approved by the W.S.I.B. shall be considered Short Term Disability benefits. Any overpayment of wages that may occur while waiting for a decision by the W.S.I.B. shall be recoverable by the employer.

8.02 Employees should report their illness to the on-duty Officer in charge by 06:30 hours for a day shift and 16:00 hours for a night shift before he is to report for duty.

8.03 Vacation days and days in lieu of statutory holidays shall not be chargeable against an employee's Short Term Disability Plan unless agreed to by the Chief.

8.04 The Chief of the Department shall satisfy himself that an employee is actually sick. On a doctor's order or certificate, an employee may remain off duty, and this in no way shall entail said employee to provide a man to work in his place.

8.05 The employer shall pay the full cost of the Employer Health Tax presently in force for the benefit of the employees.

8.06 The employer shall pay the premiums for Life Insurance and Accidental Death & Dismemberment Insurance which provide for the following coverage:


- Group Life Insurance - 2 x the employee's salary; and furthermore, in the event of Accidental Death & Dismemberment, a further 2 x the employee's salary.

The payment of Life Insurance and Accidental Death & Dismemberment benefits will be in accordance with the terms and conditions of the respective policy.

8.07 The employer shall pay the premiums to provide for each participant:

I. Green Shield Dental Plan 6R with Schedule A (with a recall examination once every 9 months) and Schedule B (paid at 50% reimbursement up to a lifetime maximum of $1,000 per insured individual). The current ODA Fee Schedule minus 2 yrs. shall apply.

Effective July 1, 2007: Basic services cover recalls every nine (9) months. Recalls every six ( 6) months for children under 18 years of age. Cap basic and comprehensive at $1 000 per year. Add major restorative 60% reimburse and increase with combines' maximum for Orthodontic to 60% reimbursement. Major restorative and Orthodontic life time maximum $3000.00 per pa1ticipant.

II. $.35 deductible prescription drug plan.

Effective July 1, 2007: $0.35 deductible and implement $2.00 co-payment fee per prescription. Travel Benefits for all Health Services as per the benefit plan.

III. Effective Jan. 1, /05 the same Extended Health Care and Semi-Private package as the non-union group.(plan #5731 ). The extended Health Care plan will include the Drug plan currently in place, Vision care as is currently in place, and the membership will choose a combination of two of the following, Massage, Physiotherapy or Chiropractic Care.

Effective July 1, 2007 The Extended Health Care Plan will include the Drug plan currently in place, semi-private as is currently in place, Vision care as in currently in place, and Paramedical Services including Massage, Physiotherapy, and Chiropractic Care.

Effective July 1, 2007 Integrate new Paramedical Services up to a maximum of $300.00 as per the benefit plan.

Effective January 1, 2008: Paramedical Services up to a maximum of $350.00 as per the benefit plan.

The payment of benefits will be in accordance with the terms and conditions of the respective policy.

8.08 For those employees that retire after March 31, 1992 the employer will pay 100% of the monthly premiums of the $2.00 deductible prescription drug plan, Dental Plan, Life Insurance and Vision Care Plan from date of retirement to the retiree's sixty-fifth (65th) birth date. The foregoing provisions are applicable to those retirees that retire within 10 years of normal retirement age, are eligible for an OMERS Pension and have 15 years of service with the City of Owen Sound at time of retirement. All benefit coverage's for retirees expire on their sixty fifth (65th) birth date.


8.09 The employer will pay the monthly premiums for a Vision Care Plan that provides coverage to the extent of $200 per 24 months per insured individual, towards the purchase of prescription eye care and frames.

Effective July 1, 2007 the coverage to the extent of $300.00 per twenty-four (24) months per insured individual towards purchase of prescription eye care & frames as well as laser eye surgery, including one (1) eye examination per twenty-four (24) months.

Effective January 1, 2008 the coverage to the extent of $350.00 per twenty-four (24) months as per the benefit plan.

The payment of benefits shall be in accordance with the terms and conditions of the respective policy and will be payable by the insurer and not by the employer.

8.10 The employer shall provide and pay the premium for a short term disability plan and a long term disability plan. A description of these plans is attached to this Agreement as Appendix "B" and form part of this Agreement.

8.11 Should a replacement employee(s) be hired due to absent employee(s), the Employer shall have the sole right to exercise Article 14.01 of this Agreement, should the absent employee(s) return to work.

8.12 The Employer reserves the right to change the carrier of any of the benefit plans mentioned in this Agreement provided the level of coverage is not decreased. Notice of such changes will be communicated to the Association prior to change.

8.13 Effective January 1, 2002 in the event of the death of a member of the association, during his/her employment, the surviving spouse and dependent children shall receive the Firefighters Dental and Drug plan provided by Green Shield (or other carrier that the Corporation may engage). All other benefits may be purchased by the surviving spouse/dependent at the City's cost for the plan. The conditions for which the surviving spouse/dependent children shall be eligible for this benefit are outlined below. (Whichever comes first)

The surviving spouse attains the age of 65: The deceased member would have reached the age of 65. The surviving spouse remarries. The surviving spouse would receive equal or superior benefits from another source.

In the event that a member dies and there is no surviving spouse, but there are dependant child(ren), then the benefits shall be paid until such times as the child(ren) would attain the age of25 provided that he/she is a full time student at a college or university. These benefits shall be altered as the benefit package is adjusted for the members of the Owen Sound Fire Fighters through negotiations and/or arbitration.

OSPFFA CONTRACT- 2009/2010/2011 PageS

ARTICLE IX SALARIES

9.01 During the term of this Agreement annual salaries will be as listed in Schedule "A" attached and shall be payable bi-weekly by the City of Owen Sound.

9.02 For the purpose of salary payments, recall, overtime and acting rank payments, a day's salary shall be calculated on the basis of one-one hundred eighty second _l_ .

182

9.03 Any overpayment of wages, overtime pay, etc. shall be recoverable by the employer following discussions with the employee(s) who received the overpayment.

9.04 Each member shall receive Experience Pay in accordance with the following and will be applicable to all employees·

% YEAR 3 8 6 17 9 23

To be eligible for Experience Pay, a member shall at the time of the signing of this Agreement meet the following criteria:

I. Have attained the rank of 1 '1 Class Fighter or above, and

II. Have attained the years of service, and

III. Experience pay will qualify as pensionable earnings and be included in computing overtime, call backs, statutory holiday pay, maternity or parental leave entitlements, court time and WSIB benefits, and

IV. All members joining the Owen Sound Fire and Emergency Services Department will be eligible for Experience Pay for service only with the Owen Sound Fire Department unless otherwise jointly agreed to by the Chief and the Association, and

V. Experience Pay re-classification will commence on the anniversary date that the member attains the requisite service for each level of the Experience pay grid, and

VI. Experience Pay will be based upon a 1 ' 1 Class Firefighter rate of pay and the grid percentage increases will be non-cumulative. For example the Experience Pay at any level shall not be compounded with the Experience Pay payable at any other level, and

VII. The member must undergo an annual physician examination by a qualified medical practitioner no more than thirteen (13) months from the date of the members last examination and affirm


such to the Chief. All costs associated with the examination are the responsibility of the member.

ARTICLE X DUES

10.01 The Corporation of the City of Owen Sound is hereby authorized and directed to deduct from the salary of each member of the said Association the amount of dues properly owing to the said Association. Such deductions shall be made monthly and the total amount deducted shall be paid to the Treasurer of the said Association not later than the fourteenth day of the month in respect of which said dues have been collected.

10.02 Such deduction shall be made from the wages of each new employee effective with the first regular dues collection immediately following the completion of the new employee's first month of employment.

~0.03 The Treasurer of the said Association shall advise the Manager of Hmnan Resources regarding the amount of such dues and shall notifY him/her promptly should the said dues be increased or decreased.

ARTICLE XI PROMOTIONS AND SENIORITY

11.01 The Chief shall cause to be established an examining board for the purpose of examining employees who are eligible for promotion in all Divisions.

The Promotional Board will be established in the final quarter of every third year to qualify/ requalify candidates (i.e. 2008,2011, 2014, etc.).

Candidates will be ranked from highest to lowest and placed on a list which will be posted and will stand for three (3) years until the posting of the results of the next promotional process. Candidates will be placed in vacancies for the position of Captain and Acting Captain as they occur in order of ranking and as a position becomes vacant. A Captain shall successfully complete the Ontario Fire College Company Officer Program.

Candidates undertaking the promotional process will not be compensated for their time and efforts in preparing for, attending the promotional process or any component thereof with the exception of attending courses outlined in article XVI.

11.02 The examining board for promotion to Acting Captain and Captain shall consist of six (6) employees namely:

• Fire Chief • Deputy Fire Chief • Senior Suppression Officer (defined as length of service as a Captain)


• Fire Prevention Officer • Training Officer • President of the Owen Sound Professional Fire Fighters Association (OSPFF A),

Local 531 (or designate) who will be a non-voting member

In the event of any member of this board is being considered the Promotional Board or is unavailable (other than the OSPFFA non-voting member or the Senior Suppression Captain); the Board will then operate with one less member.

11.03 Promotion to the position of Captain requires; a) A minimum of one (I) year in the position of Acting Captain, immediately prior

to the appointment.

b) Promotions above the rank of 1't Class Fire Fighter shall be subject to a six (6) month trial period. The Fire Inspector will have a probationary period of six (6) months.

c) Two years in the division prior to the test date.

11.04 Eligibility for .the position of Acting Captain requires an employee to have completed seven (7) continuous years service with the Owen Sound Fire & Emergency Services Department. In the event there are less than two (2) eligible candidates applying for the position of Acting Captain, the Chief may at his discretion, reduce the years of service eligibility with the Owen Sound Fire & Emergency Services to no less than five ( 5) years continuous service.

11.05 The day of the written exam will be used as the qualification date to identify eligible candidates and determine the date of the seniority required to write the examination.

11.06 The Prospective Officer position shall be posted at least sixty ( 60) days in advance of the first component of the examination process, the written exam. Eligible staff will then have thirty (30) days from the time of the posting to make their intentions known in writing that they wish to undertake the promotional process.

11.07 The promotional process shall involve evaluation of the Officer candidate in the following six ( 6) categories • Written Examination -40% • Situational Interview -20%

• Interview -10%

• Seniority -10%

• Lecture -10%

• Performance Appraisal -10%

11.08 Every attempt will be made to limit the length of the written examination to two and one-half (2-1/2) hours.


• The situational interviews will consist of simulated and/ or emergency operation scenarios and separate questions from members of the board.

• The interview will consist of questions relating to the day-to-day operational role as a Captain and his role in managing Fire Fighters and dealing with the public.

• The candidate must successfully achieve a grade of 70% in each of the written, lecture, situational interview and interview to be considered.

• All assessment results will be expressed as a percentage, based on the candidates achievement in that category (i.e., 90% on the written test would be recorded as 36 out of 40 in the written exam category).

• Seniority marks shall calculated at the rate of 1% per year of eligibility from seven (7) years to a maximum of 5 % for years of services with the Owen Sound Fire and Emergency Services Department and an additional 1% per year to a maximum of 5 % for years of service in the capacity of Acting Captain with the Owen Sound Fire and Emergency Services Department.

• The performance appraisal mark will be the average mark for the current and prevrous year.

11.09 The President or alternate, shall act as the Overseer and form part of the examining board identified in article 11.02. The Fire Chief/Deputy Fire Chief shall collect all the evaluations of the Officer candidate from all six (6) categories. The Overseer after the completion of the promotional process but prior to the posting, review with the Fire Chief/Deputy Fire Chief the results, ensuring the highest and lowest marks are discarded and the remaining marks for each are averaged.

Any individual Fire Fighter is entitled to request his/her written exam evaluation and the marking key and such shall be provided forthwith. The President of the Association is entitled to request the component scores for each of the categories listed within article 11.07 for each candidate in any competition before the highest and lowest marks are removed and such shall be provided forthwith.

11.10 The Chiefs office will provide officer candidates a list of documents, reference/ study materials and related resources that may appear in examinations, situations, lectures, practical exercises and interviews. Up-to-date resources, pertinent to preparation for the Officer, examination process will be available at the fire station.

11.11 Seniority will be used to break any ties. Seniority being identified as the date of hire.

11.12 The applicant with the highest overall score will be recommended to the Fire Chief for promotion.

11.13 Successful candidates promoted above the rank of 1" Class Firefighter will have an interview with the Fire Chief and Deputy Fire Chief outlining the expected performance of their new duties and responsibilities.


11.14 Probationary periods shall be six (6) months in length, effective the date of promotion. Should an individual wish to relinquish a position or prove unsatisfactory during the probationary period, the candidate will then return to his previously held rank and salary.

11.15 The following advancement procedure shall apply to all Fire Fighters promoted from Probationary Fire Fighter to 1st Class Fire Fighter. All advancements will be dependent upon the employee passing a required examination prior to advancement to the next higher classification. A passing mark of seventy (70%) percent must be attained in each component of the written, oral and practical examinations. The same procedure will apply:

a) Upon the completion of one full year as a Probationary Fire Fighter; b) Upon the completion of one full year as a Fourth Class Fire Fighter; c) Upon the completion of one full year as a Third Class Fire Fighter; d) Upon completion of one full year as a Second Class Fire Fighter.

In the event an applicant fails to attain 70%, they shall have the right, after sixty ( 60) days of trying the written, oral and practical examinations. In the event the applicant is unsuccessful, they may try again in six (6)months. During this interval, no increment adjustments shall apply. Failing to attain 70% of the third examination on any of the above stages, they may be subject to dismissal. The Training Officer shall be responsible for setting the examinations referred to above.

11.16 An employee shall lose seniority and his/her employment shall be deemed to be terminated for the following reasons.

I. fails to return to work upon termination of an authorized leave of absence, or upon the depletion of his or her sick leave credits;

2. laid off for a period in excess of fourteen (14) consecutive months;

3. absent from work in excess of five (5) working days without sufficient cause or without notifying the employer, unless such notice was not reasonably possible;

4. retires;

5. discharged and not reinstated;

6. voluntary resignation in writing

ARTICLE XII PAYFORACTINGRANK

12.01 When for any reason an employee is required to assume in an acting capacity the duties of an officer, such employee shall receive pay equivalent to that of the officer whose duties he is temporarily performing subject to the following.


12.02 Pay for acting rank will be provided when, for any reason other than trades an employee is required to assume the duties of an officer, for a period of at least one (1) hour.

12.03 The Fire Chief shall keep a record showing the number of days during which any employee performs the duties of an officer, such days to be paid bi-weekly with the employee's regular pay.

12.04 The rate of pay for acting rank shall be equal to that of the lowest ranking officer of the division in which the acting rank occurs; it being understood that the lowest ranking Fire Fighting Officer is a Captain and the lowest ranking Fire Prevention Officer is a Captain.

12.05 Officers holding either permanent or temporary rank shall not be entitled to receive additional pay when called upon to perform temporarily the duties of a more senior officer.

ARTICLE XIII UNIFORMS AND EQUIPMENT

13.01 The Employer shall supply at his expense clothing as per the following Point System no later than May 1st, unless the employees are advised of the circumstances beyond the Employer's control. The Employer shall distribute clothing order forms and the employee shall submit his allotment needs before February 1st of that current year. The clothing provided is for the sole use of City Fire Fighters.

1 Point egnates to $6

Fire Prevention and Training Divisions: Shirts Pair of black shoes Tunic Pair of pants Dress cap Dress sweater Tie Dress gloves (I pair) Navy blue Eisenhower jacket (waist length) Coveralls ( 1 pair) Winter coat Arm flashers ( 1 pair) T- Shirt Sweat Shirt Baseball Cap Toque Job Shirt

Suppressions: Navy blue pants (1 pair)


Points 04 16 48 12 12 11 02 07 26 09 26 01 02 06 02 02 16

Points 17

Amount($) 21.89 79.75

239.40 68.40 6o.42 53.35 7.95

31.92 29.96 44.92

130A2 3.08 10.75 31.01 9.69 11.44 78.09

Amount($) 84.30

Navy blue short/long sleeve shirt (Flying Cross) Navy blue Eisenhower jacket (waist length) Navy blue Military style sweater Black shoes (I pair) Black leather gloves Ties Tunic Trousers Uniform shirt (dress) Coveralls Winter coat Cap Arm Flashers (I pair) T- Shirt Sweat Shirt Baseball Cap Toque Job Shirt

15 26 II 16 06 02 48 14 04 09 26 12 01 02 06 02 02 16

72.67 129.96 53.35 79.95 31.92 7.98

239.40 68.40 21.89 44.92

130.42 60.42 3.08 10.75 31.01 9.69

11.44 78.09

Station workwear shall be mutually agreed upon by the Joint Health & Safety Committee. The Safety Committee will be consulted before purchasing Safety Equipment (Bunker Gear, Boots, Gloves, Hoods, etc.)

13.02 Each employee shall be supplied by and at the expense of the Employer with equipment which shall include Bunker Boots, Helmets, Bunker Gear, Hoods and Gloves etc. to meet CGSB or NFP A Standards to be used in carrying out Fire Fighting duties and shall be supplied as required.

13.03 Each employee, after each five year period of service, shall be given a service insignia to be worn on his uniform.

13.04 Fire Sunnression Fire Suppression shall receive 70 points accumulative every year. The employee shall be entitled to pay equivalent to one-half (\12) of remaining unspent points the first pay of December every second year. The rate will be $6.00 per point. In the event of retirement, resignation of employee in good standing or death the employer shall make payment to said employee.

Fire Prevention and Training Divisions shall receive 115 points accumulated every year. The employee shall be entitled to pay equivalent to one-half (\12) of remaining unspent points the first pay in December every second year. The rate will be $6.00 per point. In the event of retirement, resignation of employee in good standing or death the employer shall make payment to said employee.

13.05 The Employer will supply a complete set of station wear uniform clothing for an employee in the first six ( 6) months of employment consisting of the following:

3 - Navy blue pants


4 -Navy blue shorU!ong sleeve shirts I -Navy blue Eisenhower jacket waist length I - Navy blue military sweater 1 - Pair black shoes 1 - Pair black leather gloves 2- Ties 1 - Pair coveralls 1 - Winter coat 1- Cap

The Employer will supply a complete set of dress uniform clothing for an employee in the second six ( 6) months of employment consisting of the following:

1 -Tunic 1 - Dress Shirt 1 - Pair of trousers

An employee, who has completed 1 year prior to July 1, shall be allotted full clothing points for that year.

An employee who has not completed 1 full year prior to July 1 will not be allotted points for that year.

13.06 If additional clothing entitlements are negotiated or the value of clothing items change, the points allotted will be adjusted accordingly.

13.07 The Company Officer, Chief and Deputy Chief shall be responsible for ensuring the maintenance of proper dress standard and the Chief and Deputy Chief shall have the right to order the use of points by a member as and when required.

ARTICLE XIV LAYOFFS

14.01 In the event oflayoffs of any employee(s), layoffs shall commence with the employee(s) ofleast seniority in the bargaining nnit. Notice of layoff will be provided in accordance with the provisions of the Ontario Employment Standards Act. In the event of recall to duty, recall shall commence in reverse order of the layoff process.

During layoffs the employee(s) laid off will not be eligible for pay and the employer agrees to continue to pay monthly premiums for Dental, Drug, Life Insurance and Vision Care Plans for a period of four (4) months beginning with the month immediately following the month in which layoff occurs. Commencing with the date of layoff, employee(s) will not be eligible for ShorULong Term Disability, Accidental Death & Dismemberment, Statutory Holidays, Vacation, and Uniforms & Equipment. Pension shall be administered in accordance with OMERS


Regulations. Commencing with the date of layoff, seniority shall be retained but shall not accumulate.

It shall be the responsibility of the laid off employee(s) to advise his/her current address to the employer. A laid off employee(s) shall lose seniority and his/her employment shall be terminated should he/she fail to return to work within seven (7) working days of the notified date to return. The notice to return to work shall be sent to the employee(s) by registered mail to the last address the employee has provided to the employer.

ARTICLE XV GRIEVANCE PROCEDURE

15.01 The Employer acknowledges the right of the Association to appoint a Grievance Committee of three (3) members of Local 531. Notice of the names of the three (3) members shall be filed annually with the' employer.

15.02 Should a dispute arise between the Employer and any employee(s) regarding the interpretation, meaning, operation, or application of this agreement, including any question as to whether a matter is arbitrable or where an allegation is made that this agreement has been violated, or should any other dispute arise, an earnest effort shall be made to settle the dispute in the following manner.

Step 1: The aggrieved employee(s) shall, within five (5) business days of the alleged grievance, submit the grievance in writing to the Grievance Committee of the Local 531.

Step 2: If the Grievance Committee of Local 531 considers the grievance to be justified, within five (5) business days of the submission of the grievance to the Grievance Committee of Local 531, the employee(s) concerned, together with the Grievance Committee shall first seek to settle the dispute with the Chief of the Fire and Emergency Services Department.

Step 3: Within five (5) business days after notification of the Grievance(s) is received by the Fire Chief, the aggrieved employee, represented and accompanied by a duly elected Grievance Committee of Local 531 and all parties concerned, shall meet with the Fire Chief to have the grievance heard. A decision shall be rendered by the Fire Chief within five (5) business days after this meeting or a further time as agreed upon.

Step 4: If an amicable settlement is not reached through the foregoing procedure the Grievance Committee, together with the aggrieved employee, may present the grievance direct to the City Council of the City of Owen Sound or appointed Committee who will render a decision within


fourteen (14) business days of such presentation at a regular Council meeting, or a further time as agreed upon.

Step 5: After exhausting the Grievance procedure herein provided, either Party may request that the Grievance be submitted to Arbitration as provided for in the Fire Protection and Prevention Act Part IX, Section 53(1 ).

15.03 In the event of a grievance which affects all or a substantial number of the employees in the bargaining unit or the interest of the Association itself, a group grievance may be filed on behalf of such employees by the Association, provided it is signed by the employees concerned. Such grievance shall commence at Step No.4.

ARTICLE XVI FIRE COLLEGE

16.01 $7.00 per day per employee for out of pocket expenses shall be paid during his/her term at the Fire College in Gravenhurst plus one round trip per week or less if the course is less than one week duration with a vehicle being provided or using the City's standard rate per kilometre to only one employee unless such is unavoidable. The Employer shall keep abreast of all rules and regulations of the Workers' Compensation Board to ensure that employees continue to be covered by the Board while traveling to and from the College/course and Owen Sound.

The attendance at all other courses where the employer directs the employee to attend shall be as provided for in the employer's policy #HR 6 which may be amended by the employer, at its sole discretion, from time to time.

Management will endeavor to schedule attendance at Fire College on a Fire Fighter's working days and will arrange replacements. Fire Fighters who attend at the Ontario Fire College will be kept whole; that is, such Fire Fighters will neither lose nor gain pay as a result of attending at the Ontario Fire College during periods when they would otherwise be scheduled to work. If in attendance at the Ontario Fire College during a period when not scheduled to work, the Fire Fighter shall be compensated on an hour-for-hour basis.

ARTICLE XVII LEAVE OF ABSENCE

17.01 The Employer shall provide up to 12 days per year in total in time off duty for members of the Association who are designated and certified as "Delegates" to attend Annual Conventions, Seminars, and District Meetings of the Association's Provincial and National Affiliates, provided that not more than two (2) employees attend such functions at any one time and if a floater is available to cover the Annual Health and Safety seminar (no cost incurred by the employer) then these days will not be deducted from the armual allotment.


The Association shall notifY the Fire Chief in writing of its intention to designate such Delegates at least 30 days prior to the holding of such a function.

17.02 Three (3) members of the Employees Committee, duly elected or appointed, shall be granted such time off duty as may be required for attendance at negotiating meetings with the Employer, subject to the approval of the Chief and provided the regular operation of the Fire and Emergency Services Department will permit.

17.03 An employee shall receive three workdays off with pay to be used in the case of a death in his immediate family (Workday is a day scheduled to be on duty at the fire hall).

The words "immediate family" shall mean: father, mother, sister, brother, husband, wife, son, daughter, mother-in-law, father-in-law, grandparent, grandparent in-law, grandchild or other relative living with the employee. In the event that bereavement occurs during an employee's regular vacation, he will be granted an extra day of vacation for each of the three working days of bereavement which fall on what would be a normal working day. Bereavement leave with pay does not apply to employees on Short/Long Term Disability or Workers' Compensation leave.

Statutory holidays shall be paid in any event. An employee shall be granted one day off without loss of pay to attend the funeral in the case of the death of an employee's brother-in-law, sister-inlaw, aunt, uncle, niece or nephew.

17.04 If subpoenaed or summoned to Court, regarding any Court action pertaining to Fire and Emergency Services Department business, off-duty personnel of the Owen Sound Professional Fire Fighters' Association shall receive pay at time and one-half (I l/2) per hour, for his/her required Court appearance provided the subpoenaed employee is not on Short/Long Term Disability or Workers' Compensation leave.

In the event that any member is on duty when subpoenaed or summoned to Court, it shall be the responsibility of the Fire and Emergency Services Department Chief, to allow sufficient time off duty to permit the witness to appear in Court.

17.05 Other than as outlined in this Agreement an employee shall not accumulate vacation, sick leave, statutory holidays or length of service while on a leave of absence without pay. Leaves of absence of less than whole month(s) shall be rounded to the nearest whole month for determining prorated vacation entitlement and service. Benefit plan premiums are required to be paid by the employee during his/her leave of absence.


ARTICLE XVIII CAR ALLOWANCE

18.01 As compensation for the use of private motor vehicles for Department business annual car allowances will be paid as follows in equal monthly installments.

Fire Prevention Officer Fire Prevention Inspector Training Officer

$2235 $2235 $2235

A car allowance of $6.00/day will be provided when a member of the Training division not in receipt of the monies shown above is required to use his or her own personal vehicle for departmental business.

ARTICLE XIX CONTRACTING OUT

19.01 Except to the extent and to the degree agreed upon by the parties, no work customarily performed by an employee covered by this Agreement shall be performed by another employee of the Corporation or by a person who is not an employee of the Corporation. This clause does not apply to persons hired under a Provincial or Federal program or dispatchers and such persons shall not result in the layoff or displacement of any employee covered by the terms of this Collective Agreement. Work customarily performed includes station duties.

ARTICLE XX LIABILITY CLAUSE

20.01 The Corporation shall continue to indemnifY and save harmless its fire fighters from civil liability flowing from his duties and shall continue the coverage under its present existing general liability policy or equivalent coverage.

When a fire fighter is charged with a criminal or quasi-criminal or statutory offence flowing from his duties of which he is acquitted he shall be reimbursed for any reasonable legal expenses incurred as a result of such charges as are assessed pursuant to the Solicitor's Act or as agreed upon by counsel for the Corporation.

ARTICLE XXI . TECHNOLOGICAL CHANGES

21.01 a) At least 60 days prior to the introduction or implementation of substantial technological change, or substantial changes in mechanization effecting employees, the Corporation shall, by written notice, furnish the Association with full information of the planned change or changes. Such prior notice shall contain relevant information respecting the nature and degree of change; the date or dates on which the Corporation plans to effect change; the locations involved;


b) Within 15 days after the foregoing notice has been given, the Corporation shall make disclosure to the Association of the effects of change or changes on any employees;

c) Following the said disclosure, representatives of the parties shall meet forthwith for the purpose of discussing, with a view to. resolving, any issue which may concern the employment status of an employee; · ·

d) No change shall be made in the employment status of any employee consequent upon introduction or implementation of substantial technological change substantial change in mechanization, until thoroughly reviewed by the parties. Every effort will be made to accommodate the concerns raised by the Association.

The word "technological change: in this Article means: a) the introduction by the Corporation of equipment or material of a different nature or kind than that previously utilized; and

b) a change in the manner in which the Corporation carries on its work and undertaking that is directly related to the introduction of that equipment or material.

ARTICLE XXII MANNING CLAUSE

22.01 In consideration of the safety and well being of the Fire Fighters in the performance of their duties, the Corporation shall schedule on duty at all times a minimum of 5 full time Fire Fighters consisting of one (1) Captain and a minimum of four ( 4) full time Fire Fighters and any employee hired before January 1, 1996 shall be guaranteed employment with the Owen Sound Fire and Emergency Services Department.

22.02 No member of the training division will be involved in the interview process for the hiring of new members to the Owen Sound Fire & Emergency Services. Members of the Training Division may at the Chiefs discretion assist in the screening process & the reviewing of test results of new applicants. At no time will members of the Owen Sound Fire & Emergency Services, while assigned to the Training Division or Fire Prevention Division be used to fulfill article 22:01.

ARTICLE XXIII DURATION

23.01 This Agreement shall remain in force and effect from the first day of January 2009 until the 31st day of December 201 I and from year to year thereafter unless within a period of not more than ninety (90) days and not less than sixty (60) days prior to the expiry date hereof either party gives sixty ( 60) days written notice requiring the termination of this Agreement.


23.02 In the event of either party desiring or proposing any change or alteration in this Agreement, but not desiring the termination thereof, such party may give the other party thirty (30) days written notice before the expiry date and both parties shall thereupon negotiate in good faith in respect to the matters which it is proposed to change or alter and the remaining provisions shall be automatically renewed as aforesaid ..

This Agreement shall replace all previous Agreements made between the parties hereto and all Awards made by Boards of Arbitration under the Fire Protection and Prevention Act.

In witness whereof the party of the First part has caused to be affixed its Corporate Seal and the hands of its Mayor and Clerk and the Party of the Second part has caused to be affixed its Corporate Seal and the hands of its President and Secretary, the day and year first above written.

THE CORPORATION OF THE CITY OF OWEN SOUND

MAYOR

CLERK

THE OWEN SOUND PROFESSION IRE FIGHTERS' ASSOCIATION LOCAL 531

PRESIDENT

SECRETARY

Dave Cruickshank

~c~ Robe7 )Jing~

41y~


SCHEDULE "A" WAGES- 2009

Class % Jan 1/09 June 1/09 Oct 31109 1.2% 1.2% 1.2%

Prob FFIFPI (limos.) 01/07/07 70 51212 51827 52448 4'" Class FFIFPI 75 54870 55529 56195 3'" Chiss FFIFPI 80 58528 59231 59941 2rur Class FFIFPI 90 65844 66635 6?434 l" Class FFIFPI 100 73161 74039 74927 Driver Mech. 110 80477 81442 82419 Captain I FPOITO 115 84135 85144 86166


Class % Jan 1110 June Ill 0 Oct3!/IO 1.:2% 1.2% 1.4%

Prob FF/FPI (12 mos.) 70 53078 53715 54467 4'" Class FFIFPI --c 75 56870 57552 58358 3'" Class FFIFPI 80 60661 61389 62248 2rur Class FFIFPl 90 68244 69063 70029 l" Class FF/FPI 100 75827 76737 77811 Driver Mech. 110 83409 84410 85592 Captain I FPOITO 115 87201 88247 89482


Class •;. Jan 1/11 July 31/11 Dec 31/11 1.2% 1.2% 1.2%

Prob FFIFPI (12 mos.) 70 55121 55783 56452 4'" Class FFIFPI 75 59058 59767 60484 3'd Class FFIFPI 80 62996 63752 64516 2"d Class FFIFPI 90 70870 71721 72581 l" Class FFIFPl 100 78745 79690 80646 Driver Mech. 110 86619 87659 88710 Captain I FPOITO 115 90556 91643 92742


APPENDIX "A" TO AGREEMENT

Working schedule for 42 hour week, to take effect November 1st, 1966.

WEEK MON TUES WED THUR FRI SAT SUN

1 D A2 Al Al Al Al Al A2 N Bl B2 B2 B2 B2 B2 A2(Bl)

2 D Bl Bl Bl Bl B2 B2 B2 N A2 A2 A2 A2 Al Al B2(Al)

3 D Al Al A2 A2 A2 A2 A2 N B2 B2 Bl Bl Bl Bl A2(Bl)

4 D B2 B2 B2 B2 B2 Bl Bl N Al Al Al Al Al A2 Bl(A2)

5 D A2 A2 A2 Al Al Al Al N Bl Bl Bl B2 B2 B2 Al(B2)

6 D B2 Bl Bl Bl Bl Bl B2 N Al A2 A2 A2 A2 A2 B2(Al)

7 D Al Al Al Al A2 A2 A2 N B2 B2 B2 B2 Bl Bl A2(Bl)

8 D Bl Bl B2 B2 B2 B2 B2 N A2 A2 Al Al Al Al B2(Al)

9 D A2 A2 A2 A2 A2 Al Al N Bl Bl Bl Bl Bl B2 Al(B2)

10 D B2 B2 B2 Bl Bl Bl Bl N Al Al Al A2 A2 A2 Bl(A2)

This schedule now repeats itself without further adjustment except that on January 1st of each year, the platoons which are on duty will remain on duty for one extra day. The platoons which are off duty will remain off duty for one extra day, i.e. in place the regular five days on or off duty, at this one time each year six days will be worked.

* For clarification to the current working schedule, the shift that is scheduled to work on Sunday will work from 0800 Sunday morning till 0800 Monday morning. The shift indicated in brackets ( ), refers to the 24 hour pager.


APPENDIX "B"

SHORT AND LONG TERM DISABILITY PLAN PERMANENT FULL TIME STAFF

FIRE FIGHTERS' ASSOCIATION

A. SHORT TERM DISABILITY PLAN

1. PURPOSE AND OBJECTIVES

The objective of the Short Term Disability Income Plan is to provide permanent employee's of the Owen Sound Fire and Emergency Service's of the City, with short term income security during sickness or injury for up to 17 continuous weeks, in the event of non-occupational related absence and up to 52 weeks in the event of occupational related absence. These time periods shall be known as the "elimination period." Upon fulfilling the elimination period the employee will be considered for Long Term Disability Income as provided by the Insurance Company.

2. ENTITLEMENT

i) Non-Occupational Related Absence: All permanent employee's of the Owen Sound Fire and Emergency Service's, having completed the lessor of 3 months or their probationary period, will be eligible for up to 17 weeks of disability payments at the rate provided by the following schedule, subject to providing proof of illness in accordance with Section 3 ofthis Appendix.

Length of Service 100% Salary 66 2/3% Salary 3 months, but less than 6 months (2 weeks waiting) 0 15 weeks 6 months but less than I week 16 weeks 1 year but less than 2 years 2 weeks 15 weeks 2 years but less than 3 year 3 weeks 14 weeks 3 years but less than 4 years 4weeks 13 weeks 4 years but less than 5 years 5 weeks 12 weeks 5 years but less than 6 years 7 weeks 10 weeks 6 years but less than 7 years 9weeks 8 weeks 7 years but less than 8 years 11 weeks 6weeks 8 years but less than 9 years 13 weeks 4 weeks over 9 years 17 weeks Oweeks

The maximum covered duration for an illness or accident under the S.T.D. Plan is seventeen (17) continuous weeks. Each employee's allotment of 100% weeks is based on a calendar year, and as such, is automatically renewed each January 1st providing the employee is working on that day.


Employees disabled and collecting Short Term or Long Term Disability benefits on January 1st will not be entitled to their new allotment of 100% weeks until they have returned to work on a full time certified basis.

As long as an employee qualifies for LTD the STD plan will not apply. If an employee runs out of 100% weeks in a calendar year, there will always be entitlement of up to 17 weeks of disability coverage at 66 2/3% earnings for every period of unrelated disability due to accident or sickness. Successive periods of disability due to the same or related cause or causes will be considered as one or the same period, for the purpose of determining short term paid weeks and for the purpose of the qualifying period for Long Term Disability, if the periods of disability are separated by less than 20 consecutive working days.

The payment of STD benefits can only cease on the date of layoff or separation when the disability started within the two months preceding this date, and that notice of layoff or separation was given prior to the beginning of the disability. In all other situations relating to layoff or separation, benefits must be paid for the lesser of the duration of the disability or the maximum benefit period in accordance with Section 2, Entitlement.

ii) Occupational Related Absence:

Job related injuries will continue to be covered by the W.S.I.B. and claims will be made in the usual marmer. Employees who are compelled to be off duty by reason of accident or sickness incurred in the performance of duty shall be entitled to receive the payment of full net pay during such off duty period for up to 52 weeks in total in respect to any one accident or periods of absence, provided the employee qualifies for W.S.I.B. Temporary Compensation.

Any employee who is off duty due to accident or illness incurred in the performance of duty shall after the expiration of 52 weeks of Short Term Disability payments receive his/her entitlement to W.S.I.B. Temporary Compensation, and/or Long Term Disability Income subject to the contractual provisions contained in the Insurance Company's Master Insurance Policy.

Occupational related absences not approved by the Workers' Compensation Board as being eligible for compensation benefits shall be considered for Short Term Disability benefits under part (i) above. Any overpayment of wages that may occur while waiting for a decision by the W.S.I.B. shall be recoverable by the employer. ~

3. PROOF OF ILLNESS

To qualify for STD payments, an employee must:

(a) On the first day or part of a day of illness or mJury, report, or cause to report, such illness/injury to his/her immediate supervisor or designate. Such reporting must be m accordance with the Department's rules governing report for work.


(b) Any absence of more than three (3) consecutive working days or for one (1) working day prior to or following a paid holiday, which is to be charged as sick leave must be supported by a certificate from a duly recognized medical practitioner, stating that the employee is unable to perform his/her duties and indicating the probable duration of the illness/injury or absence.

Failure to produce the required certificate(s) within five (5) days of the date of disability will result in the uncertified days of absence, including the legal holidays, if any, being charged as leave without pay. Any cost associated with obtaining the certificate is to be paid by the employee.

(c) In any case of prolonged absence, the employee shall submit such periodic reports on his or her condition as the City may require.

(d) More than seven (7) days of accumulated uncertified absence within each calendar year will be charged as sick leave without pay. (8th or 9th without pay unless supported by doctor's certificate.)

(e) The City, upon suspecting abuse, would at its discretion have the right to have an employee examined by a second physician that is mutually acceptable to both the City and the employee.

(f) For non-occupational related absences Short Term Benefits will only continue to be paid providing the City is in receipt of all requested medical certificates and/or evidence and in any event any absences of more than (1) month which. is to be charged as sick leave, must be supported by a certificate on a monthly basis from a duly recognized medical practitioner stating that the employee was unable to perform his/her duties and indicating the probable duration of illness/injury or absence.

For occupational related absences Short Term Disability benefits will continue to be paid provided the employee provides all requested medical certificates as required by W.S.I.B. and the employee continues to receive W.S.I.B. Temporary Compensation.

B. LONG TERM DISABILITY BENEFITS

The following is a summary of the Long Term Disability Plan. It is important to recognize the Plan will be administered in accordance with the terms and conditions of the Master Policy. The master contract G.l 041 issued by the Cooperators Life Insurance Company, or its successor, to the City of Owen Sound, shall be the final basis for the settlement of all claims.

1. PURPOSE

In conjunction with the Short Term Disability Benefit, the City would implement a new 24 hour Long Term Disability Benefit, 100% of the required premiums would be paid by the City. A benefit


level of 70% of monthly earnings at time of disability to a non-medical monthly maximum of $4,700 and an overall monthly maximum of $6,000 would be payable to the earlier of retirement, recovery or age 60. Benefits would commence after the elimination period, when Short Term Disability Benefits terminate. Please refer to the Master Insurance Policy for detailed contractual provisions.

2. STATEMENT OF INTENT

i) Non-Occupational Related Absence: In order to be considered by the Insurance Company for LTD benefits the person must:

(a) be off work for 17 consecutive weeks with the same or unrelated illness or injury.

(b) be off work for a total of 17 weeks with the same illness or an injury providing that the return to work was less than 20 consecutive working days.

ii) Occupational Related Absence: In order to be considered for LTD the person must:

(a) be off work for 52 consecutive weeks due to the same illness or injury, or

(b) be off work for a total of 52 weeks due to the same illness or injury within any period of 24 consecutive months following date of injury/illness.

3. CONTINUATION OF OTHER BENEFITS WHILE DISABLED

All group benefits, that are not eligible for waiver of premium provisions, such as Vision, Drug, and Dental Plans if applicable, would be discontinued after 2 years and 17 weeks of continuous disability. In other words, the City would continue to pay its portion of the premium during the first (2) years of Long Term Disability, provided the employee continues to receive disability income, in the event absence is due to non-occupational related illness/injury and for 28 months in total from date of original injury/illness in regards to occupational related absence due to the same or related causes, provided the employee continues to receive W.S.I.B. temporary compensation.

4. COORDINATION OF BENEFITS:

The Monthly Income Benefit shall be directly reduced by the total amount of income benefits the protected person receives, or is entitled to receive, from the following sources:

1. Workers' Compensation or similar legislation. This shall include any increase in benefits under such plans due to a cost of living adjustment coming into effect after the commencement of disability.

OSPFFA CONTRACT- 2009/2010/2011 ·

2. The Canada Pension Plan, Quebec Pension Plan, or any other federal, provincial, or municipal govermnent plan, excluding any benefits payable with respect to dependents. This shall not include any increase in the disability pension benefits under such plans due to the Pension Index (as defined therein), that become effective after the commencement of the disability.

3. Reductions shall be made to ensure the employee does not receive an All Source Benefit greater than 85% of his/her pre disability monthly income.

C. LIMITATIONS AND EXCLUSIONS

No amount of Monthly Benefit will be payable for any period of Total Disability resulting directly or indirectly from any of the following:

1) intentionally self-inflicted Injury while sane or insane, or

2) insurrection, war (whether declared or not), civil riot or commotion, regardless of whether the Employee was actually participating therein, or

3) committing, attempting or provoking an assault or a criminal offense with the exception of driving a vehicle with alcohol in the blood in excess of 80 milligrams of alcohol per 100 millilitres of blood, or

4) Medical Care which is of a cosmetic nature, or Medical Care which is not medically necessary to treat an Injury or Sickness. Periods of Total Disability due to the donation of an organ or tissue will be considered as necessary Medical Care, or

5) use of drugs or alcohol unless the Employee is being actively supervised by and receiving continuous treatment from a rehabilitation centre or an institution provincially recognized for that treatment.

No amount of Insurance will be pay(lble during any period while the Employee is:

1) not under the continuing care and treatment of a Physician considered appropriate by the Insurance Company, or

2) imprisoned, or

3) on Maternity Leave, Parental Leave, or any other leave of absence, except as may be required under any and all legislation.

No further amount of Insurance will be payable from the date the Employee refuses to work at any rehabilitative employment which is considered appropriate by the Insurance Company.


D. DEFINITIONS:

"Actively At Work", "Actively Employed" or "Active Work" shall mean being present at the normal place of business of the Employer or at any such other place to which the Employer requires the Employee to travel, and being able to perform and actually performing all the usual and customary duties of the Employee's own occupation on a full pay status and on a regular and continuing basis. This shall be deemed to include vacation periods. "Covered Person" shall mean an eligible Employee or any eligible Dependent of an Employee for whom insurance under this Policy, for the benefits under consideration, has been taken and remains in effect.

"Employee" shall mean a person who is employed on a regular full-time basis by the Employer.

"Employer" shall mean the Policyholder.

"Injury" shall mean an accidental bodily injury.

"Maternity Leave" shall mean the period of formal maternity leave to which an Employee is entitled by legislation governing the Employer, or a longer pe]'iod if the Employer's normal practice permits. Maternity Leave will be deemed to commence on the earlier of:

a) the date fixed by mutual agreement between the Employee and the Employer, or

b) the date the child is born.

~Parental Leave" shall mean the period of formal child care leave to which an Employee is entitled by legislation governing the Employer, or a longer period if the Employer's normal practice permits. Parental Leave will be deemed to commence on the earlier of:

a) the date fixed by mutual agreement between the Employee and the Employer, or

b) the date immediately following the completion of Maternity Leave.

"Medical Care" shall mean necessary services, supplies, treatment or surgery, including hospitalization, provided or ordered by a licensed Physician in the treatment of a Covered Person's Sickness or Injury.

"Physician" shall mean, for the purposes of Weekly Indemnity or Long Term Disability, a specialist who is legally licensed to practice medicine by the appropriate jurisdiction, and further, has completed a recognized program of study in that field of speciality and is certified in that speciality by the Royal College of Physicians and Surgeons of Canada. For all other purposes, "Physician"


shall mean a person who is legally licensed to practice medicine in the appropriate jurisdiction and is certified by the Royal College of Physicians and Surgeons of Canada

"Province" or "the Province" shall mean the Covered Person's Province or Territory of residence.

"Rehabilitative Earnings" shall mean the total earnings from rehabilitative employment if benefits for Total Disability are taxable. If benefits for Total Disability are non-taxable, then it shall mean the total earnings from rehabilitative employment less involuntary deductions for income tax, UIC, CPP and pension contributions.

"Salary" shall mean the Employee's regular annualized earnings, exclusive of bonuses, commission or overtime. "Monthly Salary" shall mean 1/12 of the annual salary, and "Weekly Salary" shall mean 1/52 of the annual salary.

"Sickness" shall mean illness or disease.

"Total Disability" or "Totally Disabled" shall mean disability, as a result of Sickness or Injury, to the extent that the Employee:

1) is under the regular care and following the prescribed treatment of a Physician, and

2) is not engaged in any occupation or performing any work of any sort for wage, remuneration or profit, and

3) during the Long Term Disability Elimination Period and the first 24 months thereafter, is unable to perform the usual and customary duties ofthe Employee's occupation, and

4) thereafter is prevented from engaging in any occupation or performing any work of any sort for wage, remuneration or profit for which the Employee is able, or may reasonably become able, by means of education, training or experience.

The Employee will not, however, be considered to be totally disabled if they are prevented from engaging in any occupation for wage or profit by virtue of the unavailability of such occupation(s) or work in the place in which the employee resides.

E. WAIVEROFLTDPREMIUM

If a protected person becomes totally disabled, payment of premiums is required for the duration of the Elimination Period. Thereafter, premium payments shall be waived for the protected person for the duration of the period during which this person is totally disabled and receiving LTD benefits under this policy.


If the protected person returns to active full time employment at the end of the period of disability, premium payments will again become due on the first day of the policy month following the date of his/her return to work.

F. PAYMENT OF LTD BENEFITS

If a protected person sustains accidental, bodily injuries or contracts a sickness resulting in total disability, and remains continuously disabled throughout the Elimination Period, the Company will pay the Monthly Income Benefit to which the protected person is entitled in accordance with the Schedule of Insurance. For any period of the disability which does not constitute one full month, one thirtieth of the monthly benefit will be paid for each day of that period.

If a protected person is receiving benefits as outlined above on the date this policy is discontinued, such benefits shall continue to be payable only while such disability remains continuous and uninterrupted.

G. REHABILITATIVE EMPLOYMENT

If a protected person who was totally disabled engaged in rehabilitative employment, the Company will pay the Monthly Income Benefits to which the protected person is entitled, less 50% of the amount of compensation or income he receives from his/her rehabilitation employment, for the period during which the protected person is engaged in the rehabilitative employment, subject to a maximum of24 months for any one accident or sickness.

Any benefits payable under the rehabilitation provision shall be payable for a maximum of 24 months commencing on the first day of disability following the Elimination Period, or immediately following a period of total disability for which benefits are payable under this policy.

If a protected person is receiving benefits under the rehabilitative provision on the date this policy is discontinued, such benefits shall continue uninterrupted, and be payable as outlined in this provision.

H. RECURRENT DISABILITY

When following a period of disability for which LTD benefits have been paid under this policy, the protected person returns to active, full time employment for a period of at least 6 consecutive months, and suffers no further disability during such time, any future period of disability due to the same or related causes will be considered as resulting from a new injury or illness, and the protected person shall be required to serve a new Elimination Period.

If, following a period of loss of earnings for which benefits had been paid under this Policy, the Employee returns to work, but for a period of less than six consecutive months and then becomes


Totally Disabled again due to the same or a related Injury or Sickness, the disability shall be treated as a continuation ofthe previous period of disability.

I. SETTLEMENT OF CLAIMS

All monies payable under this policy are payable in Canada, in lawful money of Canada.

Written notice of claim for LTD benefits must be given to the Company at its Head Office for Canada, in Regina Saskatchewan, within 30 days ofthe date the Insurance Company is liable.

On receipt of written notice of claim, the Company will furnish the protected person with the forms necessary for filing proof of loss.

If the Company fails to furnish the necessary forms within 15 days of the receipt of the notice of claim, the protected person shall be deemed to have complied with the requirements of this policy if he/she submits, within the time set for filing proof of loss, written proof of disability, covering the occurrence, character, and extent of the disability for which claim is being made.

Written proof of loss must be given to the Company within 90 days after the commencement of the period for which the Company is liable and subsequent written proof of the continuance of disability must be furnished to the Insurance Company at such intervals as the Insurance Company may reasonably require. However, failure to submit proof within such time shall not invalidate or reduce the .claim if it was not possible to submit proof within that time, provided it can be shown that proof was submitted as soon as was reasonably possible.

In no event, except in the absence of legal capacity of the claimant, may proof be submitted later than one year from the date proof was otherwise required.

Subject to due written proof of loss, all accrued indemnities for loss of time benefits will be paid at the expiration of each one month period, and any balance remaining unpaid at the end of the period of disability will be paid immediately.

Accrued indemnities unpaid at the protected person's death shall be paid to the estate of the protected person.

No action at law or in equity shall be brought for recovery under this policy prior to the expiration of 60 days after proof of loss has been filed in accordance with the requirements of the policy, and no such action shall be brought at all unless brought within one year from the expiration of the time within which proof ofloss is required by the policy.

Charges for the completion of Claim Forms are not the responsibility of the Company or employer.


The Company shall have the right, at its own expense, to require the person for whom claim is being made to undergo a physical examination when and as often as may be reasonably necessary.

J. JOB SECURITY AND POSITION SECURITY

i) Non-Occupational Related Absence:

The employee's job and position will be held available when the employee qualifies and is receiving Short Term Disability benefits and/or Long Term Disability benefits based on the undernoted schedule.

#OF YEARS OF SERVICE 1 2 3 4 5 6 7 8 9

#OF WEEKS THE POSITION IS GUARANTEED 45 weeks 50 weeks 55 weeks 60weeks 65 weeks 70weeks 80weeks 90weeks 104 weeks

Council may consider an extension based on the merits and circumstances at the time. Should a replacement employee(s) be hired to replace the absent employee(s), the employer shall have the sole right to exercise Article 14.01 of the Collective Agreement upon the absent employee(s) return to work.

ii) Occupational Related Absence:

The employee's job and position will be held available in accordance with the Obligation to Reemploy (Sec 54) requirement of the WS.I.B. act, provided the employee qualifies for and is receiving WS.I.B. Temporary Compensation.


BETWEEN

-AND

THIS AGREEMENT MADE THIS _lL DAY OF November, 2000


Hereinafter called the "EMPLOYER"

OF THE FIRST PART

THE OWEN SOUND PROFESSIONAL FIRE FIGHTERS' ASSOCIATION LOCAL 531

Hereinafter called the "ASSOCIATION"

OF THE SECOND PART

WHEREAS it is understood and agreed upon by the "Employer" and the "Association" that having met the Maiming requirements as defined in Article XXII, 22.01 (Mauning Clause), the "Employer" may supplement the full time compliment of Fire Fighters with volunteer staff but only after representatives of both parties have met and negotiated and resolved any issues on the working Agreement and implementation of volunteer Fire Fighters with the Owen Sound Fire and Emergency Services Department. (Example: How many, job descriptions, pay, call back procedure, areas covering, etc.)

"VOLUNTEER FIRE FIGHTERS" means a person who voluntarily acts as a Fire Fighter for a nominal consideration or honorarium

FPP A - Part 1. Section I (1) THE CORPORATION OF THE CITY OF OWEN SOUND

MAYOR 7)9£!$~ OUND PROFESSIONAL FIRE FIGHTERS' ASSOCIATION LOCAL 531

PRESIDENT

SECRETARY~


THIS AGREEMENT RENEWED THIS _lL DAY OF November, 2000

BETWEEN

-AND


Hereinafter called the "EMPLOYER"

OF THE FIRST PART

THE OWEN SOUND PROFESSIONAL FIRE FIGHTERS' ASSOCIATION LOCAL 531

Hereinafter called the "ASSOCIATION"

OF THE SECOND PART

WHEREAS the parties hereto m consideration of the mutual covenants and agreements hereby agree as follows:

1. That there will be a staff complement of 26 Fire Fighters and I Fire Prevention Officer, 1 Fire Prevention Inspector and 1 Training Officer excluding the Chief and Deputy Chief.

2. That the Association will guarantee the Employer to have 5 full time Fire Fighters from their membership to be on standby at all times, 24 hours a day, each day of the year and further, that a list of Fire Fighters that are on standby will be posted in the Fire Hall, and one listing to be posted in the Deputy Fire Chiefs office. The stand-by work shift will coincide with the work schedule as outlined in the latest Agreement signed between the Employer and the Association.

3. The Fire Fighters on standby will be called in at the discretion of the Fire Chief.

4. It is the responsibility of the Association to make any necessary adjustment in regards to names on the standby list, as long as the guarantee outlined in number 2 is maintained.

5. Failure of a Fire Fighter to respond to a call in a reasonable amount of time, or in a condition fit to fight the fire as determined by the Chief, will result in discipline action which can take the form of a warning, loss of pay, suspension, or dismissal, depending on the severity of the situation which will be determined by the Chief.

6. The Employer will pay $15.00 (effective first pay in Oct. I 03) per man per day shown on the standby list prepared by the Association and the payment will be every 2nd pay through the normal Employer's payroll procedures.


7. The employer at its cost will provide 12 call pagers to the Association for use on the standby program. The distribution ofthese pagers is the responsibility of the Association.

8. In the event of a call in for a standby Fire Fighter, he will be paid in accordance with the latest Agreement signed by the Employer and the Association.

9. This Agreement shall remain in force and effect until the 31st day of December 2005 and from year to year thereafter unless within a period of not more than ninety (90) days and not less than sixty ( 60) days prior to the expiry date hereof either party gives sixty ( 60) days written notice requiring the termination of this Agreement.

I 0. In the event of either party desiring or proposing any change or alteration in this Agreement, but not desiring the termination thereof, such party may give the other party (30) days written notice before the expiry date and both parties shall thereupon negotiate in good faith in respect to the matters which it is proposed to change or alter and the remaining provisions shall be automatically renewed as aforesaid

11. This Agreement is in addition to the Agreement dated between the Employer and the Association.

12. It is understood while on call a firefighter must have a vehicle ready for his use at all times. For this reason the City will assist in the completing and signing of a T2200 income tax form or equivalent, as supplied by a requesting firefighter.

IN WI1NESS WHEREOF the Employer has hereunder caused its Corporation Seal to be affixed under the hands of its duly authorized officers, and the Association has caused this instrument to be executed by their proper officers hereunder duly authorized, the day and year first above written.

THE CORPORATION OF THE~OWEN SOUND

~~· 42 MAYOR Deborah Haswell

CLERK Kristen Van Alphe~ THE OWEN SOUND PROFESSIONAL·u~ FIGHTERS' ASSOCIATION LOCAL 531

PRESIDENT Dave Cruicksha~ (}J..J,..~

SECRETARY Bob:::>~»leson

~~ OSPFFA CONTRACT- 2009/2010/2011

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